Franklin

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TOWN

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FRANKLIN

2009

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Animal Control………...….78

Assessors, Board of………...………...162

Board of Appeals……….………..…………...…….82

Zoning Board of Appeal Decisions for 2008…...83

Building Inspection Department ……….………...………..……86

Cable Television Advisory Committee ………...……….………..88

Charles River Pollution Control District………...……91

Conservation Commission...93

Cultural Council ...94

Design Review Committee... 94

Elected and Appointed Town Officials...6

Facts on Franklin... Inside Back Cover Finance Committee...95 Financial Statements...203 Fire Department...96 Health Department...103 Historical Commission...105 Housing Authority...107 Housing Partnership...109

Human Resource Department...110

Insurance Advisory Committee ...112

Recreation Division...113

Recreation Advisory Board...116

Council on Aging...117

Franklin Senior Center...122

In Memoriam...3

Persons with Disabilities Commission...124

Planning and Community Development, Department of...125

Planning Board...130

Planning Board Decisions 2007...131

Police Department...133

Public Land Use Committee...137

Public Library...138

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Public Schools...262

High School Graduates...273

Tri-County Regional Vocational Technical School District...277

Public Works Department...145

Administrative Division...145

Engineering Division...149

Highway Division...150

Park and Tree Division...151

Central Motor/Equipment Maintenance Division...151

Water/Sewer Division...152

Solid Waste Division...156

Purchasing Department...157

Registrars, Board of...69

State Presidential Election Warrant, November 4, 2008...70

State Primary Warrant, September 16, 2008...73

Resolutions Introduced ...26

Street Lighting Committee...158

Salaries of Town Employees...167

Technology Department...283

Telephone Directory...Inside Front Cover Town Administrator...13

Town Attorney...80

Law Suits Filed Against the Town of Franklin...81

Town Clerk...14 Births...17 Marriages...21 Deaths...24 Resolutions, List...26 Resolutions, Text...27 By-Laws List...48 By-Laws Text...49 Town Comptroller...195 Town Council...12 Treasurer-Collector...165

Veterans Service Officer/COA Social Services Coordinator...159

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Franklin Town Council

On behalf of the Franklin Town Council, it is my pleasure to submit our annual report to the Citizens of Franklin for the fiscal year ended June 30, 2009.

This fiscal year ended on a positive note with the help of federal stimulus funds, negotiations, and new revenue sources, when at the beginning of the year financial predictions were of disaster. We have adopted a balanced budget for FY 2010; however, not without some sacrifices. I would like to give a heartfelt thank-you to the town and school employees for their dedication and selflessness for accepting a one year wage freeze to preserve fellow employee jobs. While there were some losses due to cuts or attrition, we managed to, more or less, dodge another fiscal bullet.

The bad news is that the financial predictions for next year continue to be troubling. The Long Range Financial Planning Committee has produced a 5 Year Financial Report on the Town’s financial outlook. You should read it on the Town’s website: www.franklin.ma.us. There

will be tough decisions that will have to be made, and we want your input. Franklin is your town and this is your government, let us hear from you. Whatever next year holds for us, you can be assured that you have dedicated,

competent, and professional individuals working and volunteering their time on your behalf. I want to thank our Town Administrator, Jeff Nutting, for his dedication and service and all of the Town employees who go to work every day and help to make this community what it is. On behalf of my fellow councilors, Deb Bartlett, Tom Doak, Scott Mason, Joe McGann, Judy Pfeffer, Robert Vallee, Stephen Whalen, and Shannon Zollo, I want to thank you for the opportunity you have given us to serve this great community.

Respectfully Submitted, Christopher Feeley

Chairman, Franklin Town Council

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Annual Report of the

Town Administrator

You will recall, in recent years, Franklin was named in Fortune – Small Business Magazine,

Money Magazine, and Family Circle as among

the best places to live and raise a family and start a business. This past year, Franklin did not make it into any major publications. You might think that your town government is resting on its laurels, but the real truth of the matter is, 99% of what we do right goes unnoticed. It is something that we, as administrators, local elected officials, and employees struggle with on a continual basis. How do we let the citizens know about what we do on a daily basis that goes unnoticed? Today’s citizens have busier lives than ever before. As long as the trash gets picked up every week, the water flows when you turn on the faucet or flush your toilet, and your kids come home from school with good grades and have recreation and cultural activities to participate in, everything is just fine. You get your tax bills and utility bills and you pay them and you think to yourself, life in Franklin is good.

We need you to know that there is so much more that makes those things and others happen. This past year, the town sold the property at the corner of King Street and Rt 140 known as the Four Corners School for 2.5 million dollars. After paying the debt on the property, 1.5 million dollars is available to fund capital projects and a vacant property will be back on the tax rolls. We continue to replace older water and sewer pipes and resurface roads paid by the water and sewer fees. We adopt financial efficiencies as opportunities arise. This year the town assumed the care of the school facilities and grounds. The town now maintains all town buildings and grounds and the schools can focus on education. We negotiated the regionalization of some services with the Town of Medway.

Regionalization is difficult to achieve, but in the long run serves both communities well and reduces costs. Currently, we are, on a limited basis, sharing a recreation director and programs with Medway and our Library Director is servicing both Franklin and Medway and that allows Medway’s citizens to utilize our library facilities and our citizens to utilize their facilities. In a remarkable example of

cooperation and sacrifice, all of Franklin’s town and school employees volunteered to forego their raises this year to save fellow employees’ jobs. In a public/private collaboration, The Franklin Veterans Memorial Foundation commissioned an Iraq/Afghanistan memorial for the Town

Common that was dedicated on Memorial Day, 2009. The ceremony was attended by hundreds of Franklin’s citizens and was a memorable tribute to all of Franklin’s veterans and in particular, two of our sons who were killed in action: Lance Corporal Shayne Cabino, and Staff Sgt. Robert Pirelli.

We continue our mission to make available affordable housing opportunities for senior citizens and families in Franklin in developments such as Eaton Place and Meadowbrook Heights, senior developments, and Franklin Heights and Brandywine Village, family residential developments.

We constantly review and update our website to provide you with up to date information that we think you want and need to know. We publish a quarterly Municipal Services Guide that is mailed to every household and contains information on what is happening in Franklin, coming events, recreation opportunities, and helpful hints, and articles from various town departments.

These are just a few examples of what we routinely do. We will continue this work and we will develop new ways to share our good deeds with you so that you can continue to be proud of your community, even when it doesn’t make major publications.

It is my pleasure to submit my annual report for your review, and please feel free to write, e-mail, or stop by with any questions, concerns, or comments.

Respectfully submitted,

Jeff Nutting

Town Administrator

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RESOLUTION 08-47

Authorization to Borrow - Library Repairs WHEREAS, The Town Council has considered the needs of the Town of Franklin for remodeling,

reconstructing, and making extraordinary repairs to the Town library; and

NOW THEREFORE, BE IT ORDERED by the Town Council of the Town of Franklin that:

1. $350,000 is appropriated for remodeling, reconstructing and making extraordinary repairs to the Town library, including original equipment and landscaping, paving and other site improvements incidental or directly related thereto; and that to meet this appropriation, the Treasurer-Collector with the approval of the Town Administrator is authorized to borrow $350,000 under G. L. c. 44, §7 or any other enabling authority.

This resolution shall become effective according to the rules and regulation of the Town of Franklin Home Rule Charter.

VOTED: PASSED

ACCEPTANCE OF SEWER EASEMENT OFF KING STREET

WHEREAS, the Franklin Town Council, by By-Law Amendment 07-611 approved a sewer system map amendment to permit extension of public sewer service to Strawberry Fields Subdivision and said Bylaw Amendment contained a condition that the owner/developer grant a sewer easement to the Town of Franklin, and

WHEREAS, Eastern Management & Development LLC is the present owner and developer of Strawberry Fields Subdivision and has executed the grant of sewer easement, a true copy of which is attached hereto as "Exhibit 1", in compliance with the condition contained in the Bylaw amendment,

NOW, THEREFORE, BE IT ORDERED THAT the Town of Franklin acting by and through its Town Council accepts the Grant of Sewer Easement attached hereto as Exhibit 1 and it is further ordered that a true copy of this resolution be recorded with the original grant of easement at Norfolk County Registry of Deeds.

RESOLUTION NO.: 08-49

APPROPRIATION: Veterans Assistance 01543600-577xxx

AMOUNT REQUESTED: $2,500

PURPOSE: to cover year end veteran assistance needs.

FINANCE COMMITTEE ACTION Meeting Date: none

Vote: none

Recommended Amount:

Source of Funding: 0194520-574000 Risk Management-Insurance Premiums

Comment: MOTION

Be It Moved and Voted by the Town Council that the sum of Two Thousand Five hundred dollars ($2,500) be transferred from the Risk Management -Insurance Premiums account to the Veterans Assistance Expense account to provide end of year veteran assistance needs.

Resolution 08-50

Authorization to Petition to General Court for Special Legislation –Underground Utilities WHEREAS, The Town Council has considered the needs of the Town of Franklin for the removal of certain overhead utilities and the replacing of the same with underground facilities; and

WHEREAS, There is a need for special legislation to allow the Town of Franklin to appropriate funds and authorize the incurring of debt for such purposes and

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NOW THEREFORE, BE IT ORDERED by the Town Council of the Town of Franklin that the Town Administrator on behalf of the Town is authorized to petition the General Court for the enactment of legislation in substantially the following form:

AN ACT AUTHORIZING THE TOWN OF FRANKLIN TO APPROPRIATE FUNDS AND INCUR DEBT FOR THE PURPOSE OF REMOVING OVERHEAD

UTILITIES AND REPLACING THE SAME WITH UNDERGROUND FACILITIES.

Be it enacted by the Senate and House of

Representatives in General Court assembled, and by the authority of the same as follows:

SECTION 1. The town of Franklin may appropriate funds and/or incur debt, outside the limit of

indebtedness prescribed in section 10 of chapter 44 of the General Laws, for the purpose of removing or causing to be removed poles, overhead wires and associated overhead structures used in connection with the provision of public utilities and which are located upon, along or across public ways or on private property within the town and replacing the same with underground facilities. Any debt incurred pursuant to this act shall be repaid over a term of not more than 20 years. Any debt incurred hereunder shall otherwise be subject to said chapter 44.

SECTION 2. Any resolution or other vote of the town council of the town appropriation funds and/or authorizing the incurring of debt pursuant to section 1 of this act shall specify in general terms the area in which the overhead utilities are to be removed and replaced by underground facilities and contain a finding by the town council that the project to be financed by such· appropriation and/or incurring of debt will improve the provision of such utilities within the town and will enhance the general quality and public welfare of the town.

SECTION 3. The provisions of sections 22A through 221 of chapter 166 of the General Laws shall not apply to any projects carried out by the town under this act. The town and any utility whose poles, overhead wires or associated overhead structures are to be removed and replaced by underground facilities by any project undertaken by the town pursuant to this act may enter into, and from time to time amend, an agreements pursuant to which the utility shall pay to the town in each fiscal year all or a portion of the debt service payable in such fiscal year related to a borrowing incurred by the town hereunder for such project. Such agreement may contain any and all provisions as shall be consistent with the provisions of this section. In addition to all other rates, charges and fees it may otherwise be authorized to impose and collect any

utility which agrees to make payments to the town pursuant to. this section shall impose and collect a surcharge, in each year in which it is required to make such a payment, on each customer located in the town equal in the aggregate to the amount of such payment. SECTION 4. This act shall take effect upon it passage. This resolution shall become effective according to the rules and regulation of the Town of Franklin Home Rule Charter.

RESOLUTION 08-51 Authorization to Hold Bonfire WHEREAS, The Tri-County School has asked for Council approval for the Fire Department to issue a permit for a bonfire to be held on the school grounds on September 12, 2008 to celebrate the upcoming school year,

WHEREAS, M. G. L. Chp. 111 §142H gives the Town Council authority to approve the request.

NOW THEREFORE, BE IT RESOLVED THAT: The Town Council of the Town of Franklin pursuant to M. G. L. Chp. 111 §142H does approve the request by the Tri-County school to hold a bonfire on school grounds on September 12, 2008.The permit to be issued by the fire department and subject to final determination of the fire chief.

Authorizing Application for Site Assessment funds from Mass Development's Brownfields Redevelopment Fund for 87 Grove Street, Map 276,

Lots 22 and 27

WHEREAS, The Department of Planning and

Community Developments was charged with pursuing funding opportunities to complete site assessment work for 87 Grove Street, site of the Former Nu-Style property; and

WHEREAS, Mass Development will provide interest-free financing to the Town to complete the site

assessment work with the funds to be re-paid upon the sale of the Nu-Style property.

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NOW THEREFORE BE IT RESOLVED THAT: The Town Council of the Town of Franklin hereby votes to authorize submission of an application in an amount of $44,000 to Mass Development's

Brownfields Redevelopment Fund to complete the site assessment work identified in the Phase II

Environmental Site Assessment Addendum prepared by Fuss and O'Neill for 87 Grove Street, Map 276, Lots 22 and 27. Further, the Council authorizes the Town Administrator, and other Town Officials and staff, as may be required, to sign all required documents and to take such actions necessary relating to said funding application.

ORDER OF LAYOUT, ACCEPTANCE AND TAKING OF NEWELL DRIVE, DOVER CIRCLE, COHASSET

WAY, SHERBORN LANE AND RELATED EASEMENTS

WHEREAS, by virtue of Massachusetts General Laws Chapter 82, Section 21 and 24, the Town of Franklin acting by and through its Town Council, is authorized to lay out, accept and take by eminent domain under Massachusetts General Laws Chapter 79, or acquire by purchase or otherwise, any lands, rights of way or easements necessary for the construction, and maintenance of roadways for public use; and

WHEREAS, the laying out, acceptance and taking by eminent domain of the fee in Newell Drive, Dover Circle, Cohasset Way and Sherborn Lane and of related easements, all as· hereinafter described, for roadway purposes is recommended by the Planning Board, the Town Administrator and the Director of the Franklin Department of Public Works, and

WHEREAS, Franklin Chase Limited Partnership, a Massachusetts limited partnership with principal place of business at 134 Flanders Road, Westborough, MA and the owner of the fee in said roadways and of said related easements has conveyed said roadways and related easements to the Town by deed and grants of easement, all April 15, 2008 and to be recorded at Norfolk County Registry of Deeds herewith, and WHEREAS, the purpose of this order is to comply with statutory requirements and/or to confirm title in the Town and no land damages are therefore anticipated, and

WHEREAS, said layout, acceptances and takings are in the best public safety interests of the Town of Franklin.

NOW, THEREFORE, BE IT ORDERED THAT: 1. The Town Council of the Town of Franklin, by

virtue of and in exercise of and the execution of power and authority conferred by said statutes, hereby adjudges that public safety, necessity and convenience require the layout, acceptance arid taking by eminent domain, of the land hereinafter described, for the

purposes hereinafter stated.

2. The Town of Franklin, acting by and through the Town of Council by virtue of and in the exercise of the power and authority conferred by said statutes and in accordance with the provisions of Massachusetts General Laws Chapter 79 and Chapter 82, Sections 21 and 24, and all and every other power and authority it does possess, DOES HEREBY LAYOUT AND ACCEPT AS A TOWN WAY AND TAKE BY EMINENT DOMAIN for roadway purposes: The following land shown on definitive subdivision plan entitled: a."Deer View Estates, Definitive Plan of Land in Franklin, MA.," dated January 20, 1987, revised June 22, 1987, prepared by Guerriere & Halnon, Inc., recorded with the Norfolk County Registry of Deeds in Plan Book 355, Plan No. 800 of 1987.

and also shown on a plan of land entitled "Franklin Chase As-Builts" prepared by Land Planning, Inc. Civil Engineers, Land Surveyors Environmental Consultants dated March 20, 2008 and revised through April 14, 2008 recorded at Norfolk Registry of Deeds herewith:

Roadways

Newell Drive (STA 0+0 to STA 2+93) Dover Circle (STA 0+00 to STA 44+10) Cohasset Way (STA 0+00 to STA 4+10) Sherborn Lane (STA 0+00 to STA 2+10)

Also, the following interests in land shown on a plan of land entitled "Franklin Chase As-Builts" prepared by Land Planning, Inc. Civil Engineers, Land Surveyors Environmental Consultants dated March 20, 2008 and revised through April 14, 2008 recorded at Norfolk Registry of Deeds herewith:

Easements Pedestrian Easements #1, 2 and 3

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Drain Easements #1, 2, 3, 4, and. 5 Utility Easements #1, 2, 3 and 4

b. The Town Treasurer and Town Comptroller are directed and the Town Administrator is directed and authorized to do all things and to execute all

documents necessary for the prompt payment of the amount of damages awarded in this Order of Taking, so that the same shall be payable within sixty (60) days after right to damages becomes vested in the person from whom the property was taken~ The Town Administrator is further directed to direct the Town Attorney for and on behalf of the Town Council to give notice of this taking and pertinent information to every person entitled thereto in accordance with the provisions of Massachusetts General Laws Chapter 79, Sections 78, 7C, 7F, 7G, 8A and 8B.

RESOLUTION 08.54

ORDER OF LAYOUT, ACCEPTANCE AND TAKING OF HANCOCK ROAD, WINTHROP ROAD, COREY

WAY AND LANTERN ROAD AND RELATED EASEMENTS

WHEREAS, by virtue of Massachusetts General Laws Chapter 82, Section 21 and 24, the Town of Franklin, acting by and through its Town Council, is authorized to lay out, accept and take by eminent domain under Massachusetts General Laws Chapter 79 or acquire by purchase or otherwise, any lands, rights of way or easements necessary for the construction and maintenance of roadways for public use; and

WHEREAS, the laying out, acceptance and taking by eminent domain of the fee in Hancock Road, Winthrop Road, Corey Way and Lantern Road and of related easements, all as hereinafter described, for roadway purposes is recommended by the Planning Board, the Town Administrator and the Director of the Franklin Department of Public Works, and

WHEREAS, Franklin Oaks Limited Partnership, a Massachusetts Iimited partnership with principal place of business at 134 FIanders Road, Westborough, MA and the owner of the fee in said roadways and of said related easements has conveyed said roadways and related easements to the Town by deed and grants of easement, all April 15, 2008 and to be recorded at Norfolk County Registry of Deeds herewith, and

WHEREAS, the purpose of this order is to comply with statutory requirements and/or to confirm title in the Town and no land damages are therefore anticipated, and

WHEREAS, said layout, acceptances and takings are in the best public safety interests of the Town of Franklin.

NOW, THEREFORE, BE IT ORDERED THAT: 1. The Town Council of the Town of Franklin, by

virtue of and in exercise of and the execution of power and authority conferred by said statutes, hereby adjudges that public safety, necessity and convenience require the layout, acceptance and taking by eminent domain, of the land hereinafter described, for the

purposes hereinafter stated.

2. The Town of Franklin, acting by and through the Town Council by virtue of and in the exercise of the power and authority conferred by said statutes and in accordance with the provisions of Massachusetts General Laws Chapter 79 and Chapter 82, Sections 21 and 24, and all and every other power and authority it does possess, DOES HEREBY LAYOUT AND ACCEPT AS A TOWN WAY AND TAKE BY EMINENT DOMAIN for roadway purposes: The following land shown on definitive subdivision plans entitled: a. “Phase I, ‘Partridge Farms’ Definitive Subdivision

Plan of Land in Franklin, Mass.,” dated 14, 1995, prepared by Guerriere & Halnon, Inc., recorded as Plan No. 189 of 1996, Plan Book 437 (the “Phase I Plan”);

b. "Partridge Farms Open Space Concept Definitive Plan of Land in Franklin, Massachusetts, Phase II," dated December 8, 1995, prepared by Guerriere & Halnon, Inc., recorded as Plan No. 190 of 1996, Plan Book 437 (the “Phase II Plan”); c. "Partridge' Farms Open Space Concept Definitive Plan of Land in Franklin, Massachusetts, Phase III," dated December 8, 1995, prepared by Guerriere & Halnon, Inc., recorded as Plan No. 190 of 1996, Plan Book 437, as amended by that certain plan entitled "Plan of Land in Franklin, Mass.", dated February 25, 1998, prepared by Guerriere & Halnon, Inc., recorded as Plan No. 157 of 1998, Plan Book 454 (the "Phase III Plan"). and also shown on a plan of land entitled "Final As-Built & Street Acceptance Plan and Profiles of 'Franklin Oaks (formerly Partridge Farms) in Franklin, MA” prepared by Guarriere & Halnon, Inc..

Engineering and Land Surveying dated June 27, 2001

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and revised through April 15, 2008 recorded Norfolk County Registry of Deeds herewith:

Roadways

Hancock Road (STA 0+0 to STA 29+71) Winthrop Road (STA 0+35 to STA 10+61) Corey Way (STA 0+28 to STA 4+94) Lantern Road (STA .0+29 to STA 2+0)

Also, the following interests in land shown on a plan of land entitled "Final As-Built & Street Acceptance Plan and Profiles of 'Franklin Oaks' (formerly Partridge Farms) in Franklin, MA” prepared by Guerriere & Halnon, Inc. Engineering and Land Surveying dated June 27, 2001 and revised through April 15, 2008 recorded at Norfolk County Registry of Deeds herewith:

Drainage and Utility Easements #1, 2, 3, 4, 5, 6, '7, 8, 9 and 10

Temporary Construction and Turnaround Easements #7A and 7B, 11A and 118, 12A and 12B, 13A and 13B d. The Town Treasurer and Town Comptroller are

directed and the Town Administrator is directed and authorized to do all things and to execute all documents necessary for the prompt payment of the amount of damages awarded in this Order of Taking, so that the same shall be payable within sixty (60) days after right to damages becomes vested in the person from whom the property was taken. The Town Administrator is further directed to direct the Town Attorney for and on behalf of the Town Council to give notice of this taking and pertinent information to every person entitled thereto in accordance with the provisions of Massachusetts General Laws Chapter 79, Sections 7B, 7C, 7F, ,7G, 8A and 8B.

ACCEPTANCE OF GRANT OF EASEMENT AND WATER BOOSTER PUMP STATION AT 5

LAWRENCE DRIVE

WHEREAS, Kamy Corporation is the owner and developer of a certain residential development known as Palladini Village located off Lawrence Drive, and

WHEREAS, said development includes a water booster pump station located on a utility easement on

a portion of the parcel of land at 5 Lawrence Drive, title reference: Norfolk County Registry of Deeds Book 22129, Page 431, see also: Franklin Assessors Map 297, Parcel 36, and

WHEREAS, the Franklin Town Council by Bylaw Amendment 03-526 approved an amendment to the Town's Water System Map to permit the developer to construct an extension of public water service to Palladini Village which construction included the water booster pump station, and

WHEREAS, Kamy Corporation has executed a Grant of Easement to the Town of Franklin for a nominal consideration dated November 25, 2008, a true copy of which is attached hereto as "Exhibit 1" and a Bill of Sale to the Town of Franklin for nominal consideration dated November 7, 2008, a true copy of which is attached hereto as "Exhibit 2", and

WHEREAS, acceptance of ownership of the water booster pump station and the utility easement on which it is located is in the public interest,

NOW, THEREFORE, BE IT ORDERED THAT the Town of Franklin acting by and through its Town Council:

1. Accepts the Grant of Easement, a true copy of which is attached hereto as "Exhibit 1" and it is further ordered that a true copy of this

resolution and Grant of Easement be recorded at Norfolk County Registry of Deeds.

2. Accepts ownership, together with ongoing responsibility for maintenance and repair, of the water booster pump station located within said easement on a portion of land at 5 Lawrence Drive shown on Franklin Assessors Map 297, Parcel 36.

DECLARATION AS SURPLUS AND AVAILABLE FOR DISPOSITION (LEASING) AND

AUTHORIZATION THEREFORE OF A PORTION OF TOWN-OWNED LAND AT 40 WEST CENTRAL

STREET

WHEREAS, Town owns the property at 40 West Central Street shown on Franklin Assessors' Map 279 as Parcel 12 consisting of 1.195 acres and containing a building known as "Franklin Fire Department

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Headquarters" and related improvements including a communications tower, and

WHEREAS, Town is not making full use of the communications tower and the land on which it is constructed and immediately surrounding land for municipal (public safety) purposes and the communications tower and associated land may therefore be able to be rented for compatible non-municipal use, and

WHEREAS, commercial wireless communications facility(ies) is/are such a use and would provide needed revenue to the Town.

NOW, THEREFORE, BE IT RESOLVED THAT the Town of Franklin, acting by and through its Town Council:

1. Declares the Franklin Fire Department

Headquarters Communications Tower and the portion of Town-owned land on which it is located, more fully described above and shown on "Exhibit A”, to be partially surplus and available for disposition (lease),

PROVIDED THAT any non-municipal use be compatible and not interfere with the active ongoing municipal uses.

2. Authorizes the Town Administrator to prepare and issue an "Invitation to Bid" or "Request for Proposals" for the disposition (lease) of said tower and portion of land to one or more commercial wireless communications

providers in accordance with the requirements of G. L. Chapter 30B, Section 16, for use as a wireless communications facility, PROVIDED THAT said use does not interfere with public safety communications and other active ongoing municipal uses.

3. Authorizes the Town Administrator to enter into a lease of said tower and associated land with one or more of said commercial wireless communications providers for up to twenty (20) years for use by them as a wireless communications facility for such annual rent and upon such other terms and conditions as the Town Administrator shall determine to be in Town's best interests, subject to compliance with G. L. Chapter 30B and the restrictions contained in paragraphs one and two above. This resolution shall become effective according to the rules and regulation of the Town of Franklin Home Rule Charter.

Authorization to Expend Funds in Excess of Available Appropriations

NOW THEREFORE BE IT ORDERED that in

accordance with M. G. L. Chapter 44 §31D, the Town Council authorizes the expenditure of funds in excess of the available appropriation for snow and ice removal upon approval by the Town Administrator.

ONSET CIRCLE, A PRIVATE WAY:

ACCEPTANCE OF COVENANT WITH DEVELOPER WHEREAS, the Franklin Planning Board on May 22, 2008 voted to approve with conditions a definitive plan for a one-lot residential subdivision known as Onset Village, which vote was filed with the Town Clerk on May 28, 2008; and

WHEREAS, said vote included conditions that the roadway and related drainage be and remain private and that the private property owner(s) have the exclusive obligation to maintain and repair the same, as well as to remove snow therefrom; and

WHEREAS, James J. Loughlin of 89 Oxford Drive in said Franklin is the owner and Colbert Homes,. Incorporated, a duly-organized business corporation with a principal place of business at 489 Summer Street, in said Franklin is the developer and purchaser of the subject property and both have executed a covenant, incorporating the foregoing conditions, a true copy being attached hereto as Exhibit 1; NOW, THEREFORE, BE IT ORDERED THAT the Town of Franklin, acting by and through its Town Council, hereby authorizes the Town Administrator to execute the covenant, a copy of which is attached hereto as Exhibit 1, on behalf of the Town of Franklin. This resolution shall become effective according to the rules and regulation of the Town of Franklin Home Rule Charter.

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CONFIRMATORY ORDER OF TAKING: CROSS AND KING STREETS

WHEREAS, The Town of Franklin (hereinafter the "Town"), a municipal corporation, duly organized under the laws of the Commonwealth of Massachusetts with administrative offices at the Municipal Building, 355 East Central Street, Franklin, Massachusetts, acting by and through its Town Council (the "Town Council"), in pursuance of its powers as, set out in the General Laws and every other power thereunto enabling,’ pursuant to Resolution 00-66, by the Order of Taking dated June 7, 2000, recorded with the Norfolk County Registry of Deeds, (the "Registry") in Book 14264, Page 384 (the "Original Taking"), took certain property located at the corner of Cross and King Streets;

WHEREAS, the Original Taking was intended to include the entirety of certain land located in Franklin, Norfolk County, Massachusetts, on the northwesterly side of King Street and the southeasterly side of Cross Street, shown as Parcels A and B on a Plan entitled "Plan of Land in Franklin, Mass.", dated January 29,1997, prepared by Salvetti Surveying and

Engineering Assoc. and recorded with said Registry of Deeds as Plan No. 239 of 1997 in Plan Book 447 (the "Plan"), to which Plan reference may be made for a more particular description;

WHEREAS, the .Original Taking instead relied on a plan entitled "Land belonging to the Town of Franklin Showing Revision of Four Corner School Lot", dated May 8, 1936, prepared by Kenneth E. McIntyre, Civil Engineer, and recorded with the Registry on

November 5, 1982 as Plan No. 836 of 1982 in Plan Book 299 (the "Incorrect Plan");

WHEREAS, the Incorrect Plan inadvertently excluded certain portions of Parcels A and B that were intended to have been included in the Original Taking;

WHEREAS, the Town has agreed to execute, and the Town Administrator has recommended, a confirmatory taking of certain property on Cross and King Streets in Franklin, Massachusetts, as identified and more particularly described on Exhibit A attached hereto and made a part hereof (the "Property"), for the purpose of confirming the title; and

WHEREAS, by virtue of Massachusetts General Laws Chapter 40, Section 14, the Town, acting by and through the Town Council, is authorized to take by eminent domain under Massachusetts General Laws Chapter 79, lands, easements and other interests in land for municipal and school purposes;

WHEREAS, the acquisition of the Property located on Cross and King Streets in Franklin, Massachusetts, with the improvements thereon, more particularly described in Exhibit A attached hereto, is

recommended by the Town Administrator;

WHEREAS, land damages are anticipated in the amount of One and No/100 ($1.00) Dollar, and an appropriation has been made to the Damages to Persons and Property Account for said purpose; and WHEREAS, the taking by eminent domain of the Property located on Cross and King Streets in Franklin, Massachusetts, for municipal and school purposes, is in the best interests of the Town; NOW THEREFORE, BE IT ORDERED THAT:

1. The Town Council of the Town, by virtue of and in exercise of and in part the execution of the power and authority conferred by said statutes, Massachusetts General Laws Chapter 40 and Chapter 79, hereby adjudges that public necessity and convenience require the taking by eminent domain of the Property on Cross and King Streets in Franklin, Massachusetts, with the improvements thereon, described below, for municipal and school purposes.

2. The Town, acting by and. through the Town Council, by virtue of and in the exercise of the power and authority conferred by said statutes and 'in accordance with the provisions of Massachusetts General Laws, Chapter 79, and all and every other power and authority it does possess, DOES HEREBY TAKE BY EMINENT DOMAIN the fee in the following parcels of land for municipal and school purposes:

The land in Franklin, Norfolk County, Massachusetts, on the northwesterly side of King Street and the southeasterly side of Cross Street, shown as Parcels A and B on the Plan.

Said Parcels A and B collectively contain 31,256 square feet, more or less, according to the Plan.

All buildings, improvements and trees located on said parcels of land are included in this taking.

3. The Town Council awards damages sustained by persons and their property by reason of this taking as follows:

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LOT NOS.ON

THE PLAN OWNERS OF RECORD AND ADDRESS TITLE REF. DAMAGES A and B Kenneth B. Yankee and Robbie J. Yankee Book 14180 $1.00 . 41 Woolford Road Page 549

Wrentham, MA 02093

4. The Town Treasurer and Town Comptroller are directed and the Town Administrator is directed and authorized to. do all things and to execute all documents necessary for the prompt payment of the amount of damages awarded to this Order of Taking so that the same shall be payable within sixty (60) days after the right to damages becomes vested in the persons from whom the above described land was taken. The Town Administrator is further directed to direct the Town Attorney for and on behalf of the Town Council to give notice of this taking and pertinent information to every person entitled thereto in accordance with the provisions of Massachusetts General Laws Chapter 79, Sections 7B, 7C, 7D, 7F, 8A and 8B.

5. This Confirmatory Order of Taking confirms and makes clear the Town of Franklin's title to the above-described Property which was taken by the Town by' the Original Order of Taking.

RESOLUTION NO.: 09-06 APPROPRIATION: Capital FY 2009 TOTAL REQUESTED: $ 1,074,600

PURPOSE: To transfer 1,074,600 funds from Free Cash to fund the FY 2009 Capital

Plan items listed below.

Fire Dept.: Vehicles $ 42,000

Equipment $170,000 Books $150,000

Police Dept.: Dept. of Public Works:

Vehicles/Equipment $122,600 Vehicles/Equipment $ 60,000

Technology: Public Facilities:

Equipment $ 10,000 School Buildings $255,000

Schools: Vehicles – Generally:

Technology $250,000

Total Appropriation: $1,074,60

FINANCE COMMITTEE ACTION

Meeting Date: 2/3/09 Vote: 9-1 Recommended Amount: $1,074,600

MOTION

Be It Moved and Voted by the Town Council that the sum of one million, seventy-four thousand, six hundred dollars ($1,074,600) be transferred from Free Cash to be expended at the direction of the Town Administrator for the FY 2009 Capital items listed above.

APPROPRIATION: Public Facilities Salaries 01192100

AMOUNT REQUESTED: $42,460

PURPOSE: transferring funds from the DPW Parks and Grounds salary budget 01441100 to the Public Facilities salary budget 01192100.

FINANCE COMMITTEE ACTION Meeting Date: 02/03/09 Vote: 10-0 Recommended Amount: $42,460

Source of Funding: DPW Parks and Grounds Salary Budget

MOTION

Be It Moved and Voted by the Town Council that the sum of forty two thousand, four hundred and sixty dollars ($42,460) be transferred from the DPW Parks and Grounds Salary budget 01441100 budget to the Public Facilities salary budget 01192100.

This by-law amendment shall become effective upon passage in accordance with the provisions of the Franklin Home Rule Charter.

APPROPRIATION: Title and Deed Research on Town Owned Land

TOTAL REQUESTED: $ 6,000

PURPOSE: to conduct title and deed research on town owned parcels of land.

MOTION

Be It Moved and Voted by the Town Council that the sum of six thousand dollars ($6,000) be transferred from Free Cash to be expended at the direction of the Town Administrator for the purpose of conducting title and deed research.

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APPROPRIATION: Survey work on 30+ acres of land on Pond Street

PURPOSE: to complete a survey of the 30+ acre parcel on Pond Street

MOTION

Be It Moved and Voted by the Town Council that the sum of six thousand, nine hundred dollars ($6,900) be transferred from Free Cash to be expended at the direction of the Town Administrator for the purpose of completing a survey of the 30+ acre parcel on Pond Street.

AUTHORIZATION FOR INTERMUNICIPAL AGREEMENT WITH TOWN OF MEDWAY FOR

FRANKLIN TO PROVIDE RECREATIONAL SERVICES TO MEDWAY

WHEREAS, Franklin has an active recreation department and the Town of Medway does not, and

WHEREAS, there is an opportunity for the Franklin Recreation Department to provide fee-supported recreational programs and activities to Medway residents, and

WHEREAS, the proposed arrangement, which would be the subject of a written intermunicipal agreement between Franklin and Medway, a draft copy of which is attached hereto as "Exhibit 1", would benefit both municipalities, and

WHEREAS, an intermunicipal agreement is governed by the provisions of G. L. Chapter 40, Section 4A which requires that each municipality authorize the agreement,

NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Franklin hereby authorizes the Town Administrator pursuant to G. L. Chapter 40, Section 4A to negotiate and execute an intermunicipal agreement with the Town of Medway in substantially the form attached hereto as "Exhibit 1", which agreement will provide for Franklin to provide recreational services to Medway residents and to receive compensation therefore, provided that said

agreement may contain such other terms and

conditions as the Town Administrator determines to be in the Town's best interest.

RESOLUTION NO.: 09-11 APPROPRIATION: Capital FY 2009 TOTAL REQUESTED: $ 175,000

PURPOSE: Payment on the Fire Department Ladder Truck

Fire Dept:

Ladder Truck Payment: $ 175,000

FINANCE COMMITTEE ACTION Meeting Date: 2/3/09 Vote: 9-1

To Recommend $1,394,600 total to fund 2009 Capital Plan

MOTION

Be It Moved and Voted by the Town Council that the sum of one hundred seventy five thousand dollars ($175,000) be transferred from Free Cash to be expended at the direction of the Town Administrator for the FY 2009 Capital item listed above.

RESOLUTION NO.: 09-12 APPROPRIATION: Capital FY 2009 TOTAL REQUESTED: $ 35,000

PURPOSE: Purchase of Lawn Mower for Department of Public Works

Dept of Public Works: Vehicles/Equipment: $ 35,000 FINANCE COMMITTEE ACTION Meeting Date: 2/3/09 Vote: 9-1

To Recommend $1,394,600 total to fund FY 2009 Capital Plan

MOTION

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Be It Moved and Voted by the Town Council that the sum of thirty five thousand dollars ($35,000) be transferred from Free Cash to be expended at the direction of the Town Administrator for the FY 2009 Capital item listed above.

RESOLUTION: 09-13

ESTABLISHING FORGE PARK ECONOMIC OPPORTUNITY AREA

WHEREAS, in June of 2003 the Town Council of the Town of Franklin approved the submission of an application to establish the I-95/495 South Regional Technology Economic Target Area,

NOW, THEREFORE, BE IT RESOLVED THAT the Chairman of the Town Council of the Town of Franklin is authorized to approve the application establishing an area containing 277.51± industrially zoned acres, comprising the following parcels of land as shown on the Town of Franklin Board of Assessors' Map, as the Forge Park Economic Opportunity Area within the approved I-95/495 South Regional Technology Economic Target Area for a period of 20 years: Parcel Numbers 272-002-000 275-002-000 275-009-000 275-019-000 290-004-000 272-004-000 275-003-000 275-012-000 275-021-000 290-005-000 272-005-000 275-004-000 275-013-000 275-022-000 290-006-000 272-006-000 275-005-000 275-014-000 275-006-000 290-007-000 272-013-000 275-006-000 275-015-000 275-001-000 290-008-000 272-014-000 275-007-000 275-017-000 275-002-000 275-001-000 275-008-000 275-018-000 275-003-000

ESTABLISHING FRANKLIN INDUSTRIAL PARK ECONOMIC OPPORTUNITY AREA WHEREAS, in June of 2003 the Town Council of the Town of Franklin approved the submission of an application to establish the I-95/495 South Regional Technology Economic Target Area,

NOW, THEREFORE, BE IT RESOLVED THAT the Chairman of the Town Council of the Town of Franklin is authorized to approve the application establishing an area containing 261.43+/-industrially zoned acres, comprising the following parcels of land as shown on the Town of Franklin Board of Assessors' Map, as the

Franklin Industrial Park Economic Opportunity Area within the approved I-95/495 South Regional

Technology Economic Target Area for a period of 20 years: Parcel Numbers 313-058-000 329-001-000 319-013-000 319-018-000 320-002-000 319-015-000 329-002-000 319-020-000 319-021-000 320-004-000 313-059-000 330-030-000 319-021-000 330-022-000 320-006-000 319-016-000 319-012-000 330-006-000 320-005-000 319-014-000 319-017-000 320-001-000

ACCEPTANCE OF DEED OF PARCEL 29A, PALOMINO DRIVE PURSUANT TO G. L. CHAPTER

60, SECTION 77C

WHEREAS, the original subdivision plan for Dover Farms residential subdivision included a Lot #29, formerly designated on Franklin Assessors Map as Parcel 135-046-029, and

WHEREAS, Beach Street Corporation, the owner and developer of said subdivision, further subdivided said lot into two lots, Lot 29A and Lot 29B, by a plan of land recorded at Norfolk Registry of Deeds as Plan No. 690 of 2002 in Plan Book 502; Lot 29A is designated on the current Franklin Assessors' Map 211 as Parcel 19 and Lot 29B as Parcel 16 on said map, and

WHEREAS, Beach Street Corporation then conveyed Lot 29A to one immediate abutter and Lot 298 to the other immediate abutter, for nominal consideration, and

WHEREAS, Beach Street Corporation conveyed Lot 29A to John B. Horrigan, Jr. and Cheryl A. Horrigan of 52 Palomino Drive, Franklin by deed dated November 22, 2002 and recorded at Norfolk Registry of Deeds in Book 17,675 at Page 244, and

WHEREAS, at the time of said conveyance there were outstanding real estate taxes owed on said lot to the Town of Franklin and said taxes remain unpaid, and WHEREAS, the Horrigans subsequently conveyed said Lot 29A to the current owners James C. Decoulos and Emily B. Wolfe (now: Emily W. Decoulos) by deed dated July 30, 2003 and recorded at Norfolk Registry in Book 19,500 at Page 363, and

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WHEREAS, James C. Decoulos and Emily W.

Decoulos, said current owners, are unwilling or unable to pay said outstanding taxes but are willing to convey said Lot 29A to the Town and have executed the deed, a true copy of which is attached hereto as "Exhibit 1", and

WHEREAS, G. L. Chapter 60, Section 77C authorizes a municipality's legislative body to accept a deed from the owner of a parcel of land in lieu of tax foreclosure. NOW, THEREFORE, BE IT ORDERED THAT the Town of Franklin acting by and through its Town Council accepts the Deed of Lot 29A attached hereto as Exhibit 1 pursuant to the provisions of G. L. Chapter 60, Section 77C in lieu of tax foreclosure and it is further ordered that a true copy of this resolution be recorded with the original deed at Norfolk County Registry of Deeds.

ACCEPTANCE OF DEED OF PARCEL 29B, PADDOCK LANE PURSUANT TO G. L. CHAPTER

60, SECTION 77C

WHEREAS, the original subdivision plan for Dover Farms residential subdivision included a Lot #29, formerly designated on Franklin Assessors Map as Parcel 135-046-029, and

WHEREAS, Beach Street Corporation, the owner and developer of said subdivision, further subdivided said lot into two lots, lot 29A and Lot 29B, by a plan of land recorded at Norfolk Registry of Deeds as Plan No. 690 of 2002 in Plan Book 502; Lot 29A is designated on the, current Franklin Assessors' Map 211 as Parcel 19 and Lot 29B as Parcel 16 on said map, and

WHEREAS, Beach Street Corporation then conveyed Lot 29A to one immediate abutter and Lot 29B to the other immediate abutter, for nominal consideration, and

WHEREAS, Beach Street Corporation conveyed Lot 29B to Edda V. Howard of 58 Palomino Drive, Franklin by deed dated October 1, 2002 and recorded at Norfolk Registry of Deeds in Book 17,675 at Page 243, and

WHEREAS, at the time of said conveyance there were outstanding real estate taxes owed on said lot to the Town of Franklin and said taxes remain unpaid, and WHEREAS, Edda V. Howard is unwilling or unable to pay said outstanding taxes but is willing to convey said Lot 29B to the Town and has executed the deed, a true copy of which is attached hereto as "Exhibit 1", and

WHEREAS, G. L. Chapter 60, Section 77C authorizes a municipality's legislative body to accept a deed from the owner of a parcel of land in lieu of tax foreclosure. NOW, THEREFORE, BE IT ORDERED THAT the Town of Franklin acting by and through its Town Council accepts the Deed of Lot 29B attached hereto as Exhibit 1 pursuant to the provisions of G. L. Chapter 60, Section 77C in lieu of tax foreclosure and it is further ordered that a true copy of this resolution be recorded with the original deed at Norfolk County Registry of Deeds.

DECLARATION OF TOWN-OWNED LAND (VACANT PARCEL BETWEEN OLD WEST CENTRAL AND WEST CENTRAL STREETS) AS SURPLUS AND

AVAILABLE FOR DISPOSITION WHEREAS, Town owns a parcel of land totaling 15,895 square feet located between Old West Central Street and West Central Street, shown on· Franklin Assessors Map 271 as Parcel 30 (Title ref:

Commonwealth of Massachusetts Department of Public Works, Layout No. 5511 and Order of Taking recorded at Norfolk Registry of Deeds in Book 4295, Pages 251, et seq) being unimproved, as shown on "Exhibit A" attached hereto, and

WHEREAS, Town has not, for a significant period of time, made use of said parcel for municipal purposes,

1. Declares the parcel of Town-owned land described above and shown on "Exhibit A" to be no longer needed for municipal purposes, and therefore to be surplus and available for disposition (sale).

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2. Authorizes the Town Administrator to prepare and issue an "Invitation· to Bid" or "Request for Proposals" for the disposition' (sale) of said parcel in accordance with the requirements of G. L. Chapter 32B, Section 16, containing a minimum price of $175,000 and such other terms and conditions as he determines to be in Town's best interests.

This Resolution shall become effective according to the rules and regulations of the Town of Franklin Home Rule Charter.

APPROPRIATION: Town Common Band Stand Repair

PURPOSE: funds to be expended for the repair of the band stand on the Town Common

MOTION:

Be It Moved and Voted by the Town Council that the sum of fifty thousand dollars ($50,000) plus earned interest be transferred from the Municipal

Infrastructure Stabilization Fund to be expended at the direction of the Town Administrator for the purpose of funding the repairs to the Town Common Band Stand.

RESOLUTION 09-19 FRANKLIN VILLAGE MALL, 1000 FRANKLIN VILLAGE DRIVE

ACCEPTANCE OF COVENANT WITH PROPERTY OWNER

WHEREAS, the Franklin Planning Board on February 23, 2009 voted to approve with conditions a special permit for a common driveway and a limited site plan modification for the property know as Franklin Village Mall located at 1000 Franklin Village Drive, which votes were filed with the Town Clerk on February 24, 2009; and

WHEREAS, said vote included the conditions that the roadway and related drainage be and remain private and that the private property owner(s) have the exclusive obligation to maintain and repair the same; and

WHEREAS, .Cedar-Franklin Village, LLC, a limited liability company duly organized under the laws of the

State of Delaware, with a mailing address of c/o Cedar Shopping Centers. Partnership, L.P.; 44 South Bayles Avenue, Port Washington, New York 11050 is the owner of the subject property and has executed a covenant, incorporating the foregoing conditions, a true copy being attached hereto as Exhibit 1; NOW, THEREFORE, BE IT ORDERED THAT the Town of Franklin, acting by and through its Town Council, hereby authorizes the Town Administrator to execute the covenant; a copy of which is attached hereto as Exhibit 1, on behalf of the Town of Franklin. This resolution shall become effective according to the rules and regulation of the Town of Franklin Home Rule Charter.

AUTHORIZATION FOR GRANT OF ACCESS EASEMENT OVER TOWN-OWNED LAND

LOCATED OFF CROSS STREET

WHEREAS, pursuant to Resolution 08-36, Town of Franklin and Arista Development LLC (hereinafter: "Arista") entered into a Land Disposition Agreement dated July 23, 2008 (hereinafter: "LOA") for Arista to purchase from Town and redevelop certain Town-owned land referred to collectively in said resolution as "Four Corners Property" consistent with Arista's Proposal which Town accepted therein, and

WHEREAS, Arista has an agreement to purchase an abutting property located at 24 Cross Street, title reference: Norfolk County Registry of Deeds Book 12101, Page 149, from the private owners thereof, a portion of which is to be included in Arista's

redevelopment proposal, and

WHEREAS, Town owns another parcel which abuts the 24 Cross Street property, title reference: Norfolk Registry of Deeds Book 23936, Page 341, which Town is not presently disposing of, and

WHEREAS, the 24 Cross Street property and Town-owned parcel are shown on Franklin Assessors' Map 286 as Parcels 50 and 51, respectively, and

WHEREAS, there is presently ·an accessory building on the 24 Cross Street property which encroaches on the owned parcel and a portion of the Town-owned parcel provides access for the 24 Cross Street property to and from Cross Street, and

WHEREAS, the LDA provides for Arista to remove the encroaching building at its expense and, in

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consideration thereof, for Town to grant Arista a formal vehicular and pedestrian access easement,

WHEREAS, the LOA provides for Arista to take title in an affiliate organization and Arista has or will set up "160 East Central Street, LLC" as an affiliate

organization as defined in the LDA to take title to both the "Four Corners Property" and the 24 Cross Street property,

1. Authorizes the Town's grant of an easement over a portion of the Town-owned land-shown on Franklin Assessors' Map 286 as Parcel 51 (title reference: Norfolk Registry of Deeds Book 23936 Page 341) to Arista Development LLC and/or its affiliated organization 160 East Central Street LLC to provide vehicular and pedestrian access for the 24 Cross Street property to and from Cross Street, in connection with Town's performance of its obligations under the Land Disposition Agreement.

2. Directs the Town Administrator, with the assistance of the Town Attorney, to prepare and execute said access easement containing such terms and conditions as he determines to be in Town's best interests and to deliver same to Arista Development LLC and/or its affiliated organization 160 East Central Street LLC at the time of the performance (closing) as provided in the Land Disposition

Agreement.

RESOLUTION 09~21

REQUEST FOR SPECIAL LEGISLATION, RE: SIMPLIFYING PROCEDURE FOR MUNICIPAL

ACCEPTANCE OF SUBDIVISION ROADS WHEREAS, the process for a municipality to accept roads as public ways is ,set out in G. L. Chapter 82 and the process set out in said statute is complicated and fails to take into account that roads which are located in approved subdivisions are not only already ,laid out on recorded subdivision plans but also actually constructed according to said plans, and WHEREAS, compliance with said statutory process is cumbersome and involves significant expenditure of

municipal resources, both in terms of personnel and funds, and

WHEREAS, due to rapid residential development, the Town of Franklin presently has a backlog of

approximately eighty roads located in approved subdivisions which it has not accepted as public ways, and

WHEREAS, the Town of Franklin presently lacks the municipal resources to comply with the statutory process for acceptance set out in G. L. Chapter 82, and

WHEREAS, the so-called Home Rule Amendment to the Massachusetts Constitution provides a mechanism for a municipality to petition the General Court to enact legislation applicable only to that municipality,

NOW, THEREFORE, the Town of Franklin acting by and through its Town Council hereby petitions the General Court to enact the legislation captioned "An Act Providing a Simplified Procedure for Municipal Acceptance of Subdivision Roads in the Town of Franklin", a copy of which is attached hereto as "Exhibit 1" for Franklin's benefit, in substantially the form attached, and directs the Town Administrator to transmit said legislation to State Representative James E. Vallee for filing.

RESOLUTION: 09-22 ESTABLISHMENT OF

FORGE PARK PRIORITY DEVELOPMENT SITE WHEREAS, in November 2008 the Town Council of the Town of Franklin accepted the provisions of Chapter 43D of the MA General Laws, as amended pursuant to Section 11 of Chapter 205 of the acts of 2006, by approval of Resolution 08-73, and

WHEREAS, the Town Council of the Town of Franklin wishes to encourage the redevelopment of and investment into previously developed industrially zoned lands, and

WHEREAS, the Town Council of the Town of Franklin wishes to provide expedited review and permitting of priority commercial and industrial development projects within said previously developed industrially zoned lands,

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NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Franklin hereby designates an area containing 259.82+/-industrially zoned acres, comprising the following 30 parcels of land as shown on the Town of Franklin Board of Assessors' Map, as the Forge Park Priority

Development Site for expedited municipal permitting within the .meaning of G. L. Ch. 43D.

272-002-000 275-003-000 275-013-000 290-002-000 272-004-000 275-004-000 275-014-000 290-004-000 272-005-000 275-005-000 275-015-000 290-005-000 272-006-000 275-006-000 275-017-000 290-006-000 272-013-000 275-007-000 275-018-000 290-007-000 272-014-000 275-008-000 275-019-000 290-008-000 275-001-000 275-009-000 275-021-000 275-002-000 275-012-000 290-001-000

FURTHER, the Chairman of the Town Council and Town Administrator are hereby authorized to prepare and submit an application for determination ·of eligibility and approval of the foregoing Priority Development Site with the Commonwealth of Massachusetts Interagency Permitting Board, and FURTHER, the Chairman of the Town Council, the Town Administrator and other Town Officials and staff, as may .be required, are authorized to sign all required documents and to take such actions relating to said application.

ESTABLISHMENT OF FRANKLIN INDUSTRIAL PARK PRIORITY DEVELOPMENT SITE WHEREAS, in November 2008 the Town Council of the Town of Franklin accepted the provisions of Chapter 43D of the MA General Laws, as amended pursuant to Section 11 of Chapter 205 of the acts of 2006, by approval of Resolution 08-73, and

WHEREAS, the Town Council of the Town of Franklin wishes to encourage the redevelopment of and investment into previously developed industrially zoned lands, and

WHEREAS, the Town Council of the Town of Franklin wishes to provide expedited review and permitting of priority commercial and industrial development projects within said previously developed industrially zoned lands,

NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Franklin hereby designates an area containing 252.3+1-industrially zoned acres, comprising the following 20 parcels of land as shown on the Town of Franklin Board of Assessors' Map, as the Franklin Industrial Park Priority Development Site for expedited municipal permitting within the meaning of G. L. Ch. 43D.

319-015-000 329-002-000 319-020-000 330-028-000 313-059-000 330-030-000 319-012-000 330-029-000 320-006-000 319-016-000 319-017-000 320-001-000 320-005-000 319-014-000 319-018-000 320-002-000 329-001-000 319-013-000 319-019-000 320-004-000

FURTHER, the Chairman of the Town Council and Town Administrator are hereby authorized to prepare and submit an application for determination of eligibility and;' approval of the foregoing Priority Development Site with the Commonwealth of Massachusetts Interagency Permitting Board, and

FURTHER, the Chairman of the Town Council, the Town Administrator and other Town Officials and staff, as may be required, are authorized to sign all required documents and to take such actions relating to said application.

ESTABLISHMENT OF POND STREET ECONOMIC OPPORTUNITY AREA

WHEREAS, in June of 2003 the Town Council of the Town of Franklin approved the submission of an application to establish the I-95/495 South Regional Technology Economic Target Area,

NOW, THEREFORE, BE IT RESOLVED THAT the Town Council of the Town of Franklin hereby designates an area containing ·33.95± office zoned acres, comprising of Parcels 003-000 and 258-004-000 on Franklin Board of Assessors' Map Number 258, as an Economic Opportunity Area within the approved I-95/495 South Regional Technology Economic Target Area for a period of 20 years,

FURTHER, the Chairman of" the Town Council and Town Administrator are hereby authorized to prepare and submit an application for designation of the Pond Street Economic Opportunity Area with the

Massachusetts EACC, and